Talking Shop September 2024

 

Welcome to the September 2024 edition of Talking Shop! Following a break over July and August, the newsletter returns with a number of exciting updates from across our international team. This includes the latest episodes of our podcast, Retail Therapy, as well as articles exploring privacy reform in Australia, the SREN Law in France, new EU Product Safety Regulation, key considerations for M&A in Singapore, and much more!

You can also find information about three upcoming Retail & Consumer events in the "News & Events" section - an AI Bootcamp on 15 October; The APAC Privacy Playbook on 24 October; and our Retail & Consumer Annual Update on 7 November. 

Please get in touch or visit our webpage for more information about Bird & Bird's Retail & Consumer Group.

VIEW PREVIOUS EDITIONS OF TALKING SHOP

In this edition:

• Retail Therapy Podcast
• AI
• ESG
• Online Safety: Spotlight on The SREN in France
• Competition
• Consumer
• Corporate
• Data Protection
• Intellectual Property
• Tax
• Trade Secrets
• News & Events

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Retail Therapy Podcast

Retail Therapy: A Podcast for the Retail & Consumer Sector

In the Retail Therapy podcast we give a Bird’s eye insight into the trends, challenges and opportunities in the Retail & Consumer industry. Listen to our most recent episodes on Spotify, apple or Soundcloud. 

Episode 9: Beauty Bytes - in Conversation with a Sephora Senior Social Media Executive
Episode 10: Retail's AI Revolution: Opportunities and Pitfalls
Episode 11: Insights on Intellectual Property Rights for Retail Players
Episode 12: Safeguarding Your IP Brand in Multi-Channel Retail
Episode 13: Sportswomen in the Retail Game
Episode 14: The Art of Store Design

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AI

Australia: Leading the Future – New AI Governance Guidance for Australian Directors

With AI on the agenda of countless boardrooms across Australia, the Australian Institute of Company Directors (in partnership with the Human Technology Institute at the University of Technology Sydney) has published a suite of resources to help boards navigate the use of this transformative technology in an ethical and informed manner.

Read the full article here

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ESG

Global: Greenwashing Regulatory Update

Regulators are stepping up and taking action against companies that misrepresent the extent to which their products or services are environmentally friendly, sustainable or ethical. We explore the state of the regulatory environments across different jurisdictions and what your business needs to be aware of when making ESG representations.

Read the full article here

Australia: New Mandatory Climate Reporting Regime - Long-awaited Climate Disclosure Bill Passes House of Representatives

In June the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024 (Cth) (Bill) was passed by the House of Representatives without amendment. The Bill sees Australia finally aligning with other jurisdictions by implementing disclosure standards that reflect the International Sustainability Standards Board requirements. 

Read the full article here

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Online Safety: Spotlight on The SREN in France

The SREN Law and Securing & Regulating Digital Space

The SREN Law (Sécurité et Régulation de l'Espace Numérique - Security and Regulation of the Digital Space) represents a major legislative advancement to enhance security and regulate the use of digital technology in France. Adopted in response to the increase in cyberthreats and the need for better regulation of online content, it introduces several key provisions.

Read the full article here

The SREN Law and its Impact on Digital Platforms

Faced with an increase in harmful content online, such as disinformation, hate speech and scams, the law aims to make the digital space safer by imposing new obligations on online platforms, particularly social networks, search engines and online marketplaces. We provide an overview of the main provisions of the SREN Law for platforms.

Read the full article here

The SREN Law and Child Protection

By imposing strict standards for age verification and the protection of minors, the SREN Law aims to create a safer online environment. Cooperation between digital platforms, regulators and ISPs will be crucial to ensure the effectiveness of these measures and protect users from the potential dangers of the Internet.

Read the full article here

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Competition

Australia: The Government’s Proposed Reforms to Australia’s Merger Regime

Earlier this year, the Australian Government announced its plan to reform Australia’s merger rules. Now, it has released draft legislation with its proposed reforms, which would see Australia implement a mandatory and suspensory merger clearance regime. The proposed new framework would see Australia’s merger rules move closer to those of international jurisdictions such as the EU and US. 

Read the full article here

UK: How Does CMA’s Green Agreements Guidance Apply to Environmental Sustainability Agreements?

In Competitive Edge - The Podcast, our Competition team dissects topical issues to help you understand how they may affect your business. In this episode, we discuss how the CMA's Green Agreements Guidance applies to environmental sustainability agreements, where such agreements may risk infringing competition law, and what you should keep in mind when considering collaborating with competitors on sustainability.

Listen to the podcast here

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Consumer

Europe: New EU Product Safety Law - Introduction of a Template for Recall Notices

The European product safety law is undergoing continual refinement. As provided for in the new Product Safety Regulation (EU) 2023/988, the EU Commission now seeks to harmonize consumer information about potential safety risks posed by products. In its Implementing Regulation it has laid down a template for recall notices which will apply to product safety recalls in relation to consumers in accordance with the Product Safety Regulation. 

Read the full article here

Europe: New Ecodesign Regulation 2024/1781 - What Economic Operators in the EU Need to Prepare For

The new Ecodesign Regulation 2024/1781 replaces the previous Ecodesign Directive and will place companies under new, significantly stricter obligations covering the entire life cycle of a product.The revision of the Ecodesign Regulation is part of the EU's sustainability strategy, the so-called Green Deal, and forms an integral part of the EU's efforts towards a climate-friendly circular economy. 

Read the full article here

Europe: New "Right to Repair" Directive 2024/1799 - Impact and Changes for Economic Operators in the EU

The Right to Repair Directive aims to extend the lifespan of consumer products by means of repair. For this purpose, it imposes extensive obligations on economic operators in the EU to repair products outside the seller's liability period. In addition, it creates incentives for repair under the liability period and thus provides for an amendment to the Sale of Goods Directive.

Read the full article here

The Netherlands: ACM Takes Action Against Fake Reviews

Businesses may utilise reviews to increase their sales, but it is not always clear whether reviews are submitted by real people. Since the entry into force of the Omnibus Directive, submitting false consumer reviews or misrepresenting consumer reviews is misleading under all circumstances. The Netherlands Authority for Consumers & Markets has frequently addressed the misleading use of online reviews.

Read the full article here

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Corporate

Singapore: Five Key Considerations for M&A in the Retail & Consumer Sector

In an ever-evolving landscape, M&A activities play a pivotal role in shaping the retail and consumer sector in Singapore – whether as a means to acquire distressed companies or to expand their consumer offering. Against this backdrop, we explore five key considerations for buyers interested in acquiring a Singapore target company in this sector.

Read the full article here

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Data Protection

Australia: A spotlight on Privacy Reform - A long Awaited First Step

On 12 September 2024, the Australian Government introduced the Privacy and Other Legislation Amendment Bill 2024 to the House of Representatives containing the first tranche of long-awaited reforms to the Privacy Act 1988. The Bill focuses on three categories of amendments to Australia’s privacy, regulatory and criminal laws.

Read the full article here

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Intellectual Property

Singapore: More Than Words - The Registrability of Non-Traditional Marks in Singapore

According to Singapore law, a trade mark can be any sign which is capable of being represented graphically and distinguishing the goods or services of one trader from another. Conventional trade marks will typically comprise words and/or figurative elements which fulfil these requirements. However, many businesses are exploring more creative ways to engage customers – and to claim a monopoly over these unconventional expressions by asserting trade mark rights.

Read the full article here

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Tax

Europe: EU’s EUR 150 Customs Duty Exemption for B2C Sales of Imported Goods is to be Abolished and VAT is to be Synced

The European Commission has plans to abolish the EUR 150 customs duty exemption for so-called “low-value consignments”. In parallel, it plans to sync the EU VAT rules with these customs reforms. It has proposed removing the EUR 150 threshold for the Import One Stop Shop i.e. the single VAT return for B2C sales of imported goods in the EU. As such, e-commerce businesses would have to update their Customs & VAT governance to manage these proposed changes day-to-day.

Read the full article here

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Trade Secrets

Germany: Increased Requirements for Owners of Trade Secrets - International Protection Concept Required

Even five years after the introduction of the Trade Secrets Protection Act by the German legislator, there is still legal uncertainty in practice as to when a company sufficiently protects its trade secrets within the meaning of the Act. In recent years, civil and labour court rulings in Germany and other European countries have attempted to establish standards that owners of secrets can use as a guide when drawing up a protection concept.

Read the full article here

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News & Events

AI Bootcamp for Consumer-Facing Businesses

15 October, London

Do you want to find out more about AI, make sure you're getting it right and understand how others are implementing it? Join us for an AI bootcamp on 15 October where Uwais Iqbal (Founder at Simplexico – The Legal AI Consultancy) will introduce you to AI from a conceptual standpoint to better appreciate the technology and also dive into AI topics relevant to consumer-facing businesses like yours. Bird & Bird experts will also share the latest updates on AI and employment, contracting for AI and the EU AI Act.

This bootcamp will help you understand the relevance and potential of AI within your business and give you insights on how AI is being implemented across retail & consumer businesses.

RSVP here

The APAC Privacy Playbook for Retail & Consumer Businesses

24 October, Webinar

Are you ready to navigate the evolving landscape of data privacy? Join this lively discussion online as our expert speakers explore the latest updates in APAC privacy laws and their impact on the retail and consumer industry.

Key topics to be covered include consumer data protection, user-generated content and safety on social media, the use of AI in e-commerce and associated data risks, and direct marketing and adtech. You will also gain practical tips for compliance and to get ahead of the curve through real-world examples and case studies.

RSVP here

Retail & Consumer Annual Update: Navigating Online & Brand Challenges for Consumer-Facing Businesses

7 November, London

Save the date for this year’s Retail & Consumer Annual Update!

Specialists from Bird & Bird’s Business-to-Consumer and Technology teams will be joined by industry experts to share the latest insights on business-critical hot topics impacting the Retail & Consumer sector, including key developments in the online consumer landscape. This event will be crucial as you navigate the online and brand challenges facing your business.

The full agenda and speakers will be released soon – RSVP now to secure your spot!

Bird & Bird opens its doors in Tokyo

The opening of the office follows the appointment of partner Hiroyuki (Hiro) Iwamura, who joined the firm in June this year and will be based in Tokyo with five other team members. The firm has also recently onboarded Legal Director Shingo Ito, an English and Japanese qualified corporate transactional lawyer based in the London office who will work closely with Hiro and the Tokyo office to support Japanese clients with their cross-border work.

Find out more here